It's not clear cut - that is what i'm saying - ask any employment law lawyer. There is a morass of uncertainty when it comes to this topic. That is partly why this is such a hotly debated issue.
What is difficult is proving that what is alleged to have happened actually transpired (or if cases are not properly investigated).
But this is why we have a justice system. If there is a paper trail, and evidence of repeat activity, as in this case, there is little ambiguity.
[1]: https://employment.govt.nz/resolving-problems/types-of-probl...